Insurers and Genetic Testing

In force since May 4, 2017, the Genetic Non-Discrimination Act is designed to prohibit and prevent genetic discrimination. The Act stipulates that no provider of goods or services, including insurers, has the right to require a genetic test, or even to obtain the results of such tests, to determine eligibility or to enter into or continue a contract or agreement (e.g., determine a client’s premiums).

To be clear, this Act is still being challenged by some provinces, including Quebec, who consider it unconstitutional on the grounds that health care is a matter of provincial, not federal, jurisdiction. The Government of Quebec has set up an interdepartmental working group to develop a strategic policy direction on the subject.